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NY R00635




July 30, 2004
CLA-2-94: RR: NC: 1:108 R00635

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.50.40

Mr. Troy D. Crago
Atico International, USA
501 South Andrews avenue
Fort Lauderdale, FL 33301

RE: The tariff classification of glass candleholder from China.

Dear Mr. Crago:

In your letter dated July 28, 2004 you requested a tariff classification ruling.

The item in question is a glass candleholder. It is in the form of a reindeer, 7½ inches in height and silver-plated. It is designed to hold a tapered candle while placed upon a table or other flat surface.

You have indicated several classifications that would, in your opinion, be appropriate for this article. It should be noted that based upon Section XVI, Note 6 this item cannot be considered as an article of precious metal. Also it is not considered under chapter 83, HTS for it is more specially provided for in chapter 94 HTS. Classification will be accordingly.

The applicable subheading for the reindeer glass candleholder will be 9405.50.40, Harmonized Tariff Schedule of the United States (HTS), which provides for Non-electrical lamps and lighting fittings: Other. The rate of duty will be 6 percent ad valorem.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Michael Contino at 646-733-3014.

Sincerely,

Robert B. Swierupski
Director,

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